Apartment security Deposit

[jsprowl]

Jurisdiction

Kansas

My mother recently passed away last month. She lived in an apartment in Hiawatha, Brown County, Kansas and had lived there for three months. I live in Wichita, Sedgwick County, Kansas. She had paid a $200 non-refundable pet deposit for her two dogs and a $390 security deposit. I have emailed the apartment manager about the security deposit after we cleaned out her apartment and have received no reply. I understand that an itemized list of any damages must be submitted after 14 days, but otherwise the deposit must be returned after 30 days. It has been over 14 days. I have written a letter to the apartment and will send it out today with a signature verification required stating my intent to sue if I don't receive a satisfactory response after 30 days. I have experience filing pro se cases. My question is would I be the plaintiff or would my mother's estate be the plaintiff? Would I be allowed to file in Sedgwick County since that is where I live? Thank-you

James Sprowl

 

[adjusterjack]

would I be the plaintiff or would my mother's estate be the plaintiff?

The estate.

Would I be allowed to file in Sedgwick County since that is where I live?

You wouldn't be allowed to file anywhere unless you have opened probate with the county probate court and got court papers acknowledging you as representative of the estate.

Once those you got those papers you would have to file where the landlord lives or where the property is.

Meantime, read the Kansas security deposit law Section 58-2550:

2014 Kansas Statutes :: Chapter 58 PERSONAL AND REAL PROPERTY :: Article 25 LANDLORDS AND TENANTS

 

[jsprowl]

The estate.



You wouldn't be allowed to file anywhere unless you have opened probate with the county probate court and got court papers acknowledging you as representative of the estate.

Once those you got those papers you would have to file where the landlord lives or where the property is.

Meantime, read the Kansas security deposit law Section 58-2550:

2014 Kansas Statutes :: Chapter 58 PERSONAL AND REAL PROPERTY :: Article 25 LANDLORDS AND TENANTS

Thank-you. How do I open probate with the county probate court? Please post a link of an example document or template that I can use.

 

[adjusterjack]

Thank-you. How do I open probate with the county probate court? Please post a link of an example document or template that I can use.

The first thing you do is bring the original of the will (keep a copy) and a certified death certificate to the Brown County District Court where you are likely to be given forms and instructions.

There's no help on the Brown Co website:

Brown County, Kansas > Home

But the Johnson County District Court website appears to have some forms and a fee schedule which should be similar to what will happen in Brown Co.

JOHNSON COUNTY DISTRICT COURT

There is also some general probate information provided by the KS Bar at:

What is Probate? - Kansas Bar Association

You might also find some guidance in the KS Probate Code:

2014 Kansas Statutes :: Chapter 59 PROBATE CODE

 

[jsprowl]

She didn't have a will.

 

[adjusterjack]

Then you open probate under intestacy. Same process, gets you papers acknowledging that you are representative of the estate.

There is a simplified method for small estates. See Articles 32 and 33 at the statute link I provided earlier.

Sedgwick Co's website is no help but it might be worth stopping in and see what they can tell you (or show you) about probate. That might give you a head start even if you might have to open probate in Brown Co.

 

[army judge]

If the estate was minimal, maybe probate isn't required.


Claiming Property With a Simple Affidavit
Kansas has a procedure that allows inheritors to skip probate altogether when the value of all the assets left behind is less than a certain amount. All an inheritor has to do is prepare a short document, stating that he or she is entitled to a certain asset. This document, signed under oath, is called an affidavit. When the person or institution holding the property -- for example, a bank where the deceased person had an account -- gets the affidavit and a copy of the death certificate, it releases the asset.

The out-of-court affidavit procedure is available in Kansas if the value of the total assets subject to probate is $20,000 or less. Kan. Stat. Ann. § 59-1507b.

Simplified Probate Procedures
Kansas has a simplified probate process for small estates. To use it, an executor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.

You can use the simplified small estate process in Kansas if the court approves it, based on the size of the estate, wishes of the heirs, and other factors. Kan. Stat. Ann. §§ 59-3202 and following.


Bear in mind, what you're doing TODAY without the benefit of probate could end up costing you.

It's always wise to investigate before you proceed, especially when large estates are involved.



Read this:

Frequently Asked Questions About Probate


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[jsprowl]

Yes, it was minimal. She didn't own any real estate nor did she have a vehicle. If I don't need probate, then a plaintiff would be "the estate of"?

 

[army judge]

Yes, it was minimal. She didn't own any real estate nor did she have a vehicle. If I don't need probate, then a plaintiff would be "the estate of"?

Claiming Property With a Simple Affidavit
Kansas has a procedure that allows inheritors to skip probate altogether when the value of all the assets left behind is less than a certain amount. All an inheritor has to do is prepare a short document, stating that he or she is entitled to a certain asset. This document, signed under oath, is called an affidavit. When the person or institution holding the property -- for example, a bank where the deceased person had an account -- gets the affidavit and a copy of the death certificate, it releases the asset.

The out-of-court affidavit procedure is available in Kansas if the value of the total assets subject to probate is $20,000 or less. Kan. Stat. Ann. § 59-1507b.

Simplified Probate Procedures
Kansas has a simplified probate process for small estates. To use it, an executor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.

You can use the simplified small estate process in Kansas if the court approves it, based on the size of the estate, wishes of the heirs, and other factors. Kan. Stat. Ann. §§ 59-3202 and following.


Read my post above yours for more details.

 

[adjusterjack]

Yes, it was minimal. She didn't own any real estate nor did she have a vehicle. If I don't need probate, then a plaintiff would be "the estate of"?

It's still "probate" it's just a simplified method and you still have to deal with getting your court papers otherwise you won't have any authority to do anything on behalf of anything.

 

[jsprowl]

Thank-you